Court of Appeal erred with 34 majority reasoning – Ram

first_imgNo-confidence MotionAttorney and social commentator, Christopher Ram, has signalled his intention to the Court of Appeal’s recent rulings, saying that the court was “wrong” in its interpretation of what constitutes a majority in the National Assembly.Ram had petitioned the High Court to have Government resign and President David Granger call elections within 90 days as stipulated by Articles 106 (6) and (7) of the Constitution. Acting Chief Justice, Roxane George, had ruled that Cabinet should have resigned upon the passage of the No-confidence Motion. But the State appealed the decision and with the Appeal Court 2:1 split ruling that the No-confidence Motion was invalid without a 34 majority vote, the orders granted to Ram, though upheld by acting Chancellor Justice Yonette Cummings-Edwards and Justice Rishi Persaud on Friday, became irrelevant.As such, on Saturday, Ram posited that the Court made a grave error of unquestioning acceptance of decisions and principles from afar with no regard that, at best, can be of no more than persuasive value. In the process, he added, Friday’s decision marked a turning point in Guyana’s jurisprudence, introducing a harmful level of uncertainty into constitutional and statutory interpretation in local courts.“Because I believe that the Court of Appeal was wrong on the question of what constitutes a majority under Article 106, I have instructed Counsel to appeal the decision to the Caribbean Court of Justice,” Ram stated.He pointed out that the Chief Justice had made a number of declarations of which, arguably, the single most important was that 33 is a majority of 65, a principle embedded in the 1966 Independence Constitution and has been accepted and applied by the Legislature, one of the three pillars of separation of power, in every decision in the National Assembly since then.“The Court of Appeal upheld every one of the decisions by the Chief Justice while overturning her on what many saw as the basic, simple and commonsense issue of the majority. For the respondents, succeeding on the other issues was no more than a pyrrhic victory. To say that the decision of the Court of Appeal was a surprise would be the understatement of the century. In my view, it was an exercise in judicial law making in clear violation of the court’s power, function and duty to interpret the Constitution,” asserted Ram, an attorney and chartered accountant as well.Ram recalled that during Friday’s ruling, one of the Judges citing a passage from a foreign jurisdiction that any legislation means what it says and does not mean what it does not say. He then pointed to Attorney Anil Nandlall’s submissions to the court in which he cited that the dictum in perhaps the most famous local constitutional case (AG v Mohammed Ali) that, “It is a strong thing to read into an act of Parliament words which are not there, and in the absence of a clear necessity, it is a wrong thing to do.”That unfortunately, according to Ram, is exactly what the Court of Appeal appears to have done. He added that it took some effort to hear the Appellate Judges say how attracted they were by the arguments of Grenadian Senior Counsel, Dr Francis Alexis, that a vote of no confidence is so important that it required a majority not contemplated by the Constitution.“Impressed by this argument, the Court by a simple majority, effectively ruled that there was a clear necessity to import and insert not only words that were not there, but the concept of absolute majority which does not exist anywhere in our Constitution. Interestingly, if the same principle is applied to a vote of confidence brought by the Government in a 33-32 National Assembly, the motion would fail because it did not receive 34 votes,” the political analyst contended.Furthermore, he stressed that the court must also be aware that had former AFC Member of Parliament, Charrandas Persaud, not cast an adverse vote, 33 would have been accepted as a majority. On this point, he also reminded that the 2019 Budget was not passed by a majority of 34, noting that it is unlikely that anyone would argue that a Budget is not special.Ram, nevertheless, insisted that while each of the appellate Judges emphasised that they would expand on their opinions in their written judgments to follow, the majority was not shy in giving prominence to the submission by Dr Alexis in particular even though Nandlall, in his view, did a point by point rebuttal of Alexis’ arguments even citing relevant passages from Alexis’ own book.In fact, Ram added that the court also referred, with apparent approval, to cases cited by Attorney Roysdale Forde, representing Minister Joseph Harmon, but appeared to have been unattracted by the manner in which Nandlall, representing Opposition Leader Bharrat Jagdeo in the proceedings, countered to show that the cases were either inapplicable to the language of the Guyana Constitution or that passages were selectively used by Forde, while he conveniently did not cite crucial passages adverse to his client’s case.last_img read more

Read More »

Open Tournament organised for Faye Joseph b/day tomorrow

first_imgDomino lovers and real supporters of the sport are expected to flock the Transport Sports Club tomorrow to participate in an Open Tournament to celebrate the birth anniversary of Guyana National Domino Federation (GNDF) and Georgetown Domino Association (GDA) President Faye Joseph.GNDF and GDA President Faye JosephAccording to a release from the organisers, the tournament is open to all teams from across the country and it is being staged in honour of the long-serving President, who to many has been integrally responsible for the lofty status the game enjoys right now.Joseph has been at the helm of both entities for a number of years and has placed Guyana right on top of the regional ladder in terms of the sport’s visibility and success. The release added that the tournament would be played on a points system and sudden death to decide the winner.Up for grabs will be over $300,000 in prize monies and trophies with the winning team set to receive $150,000, runners-up $75,000 and third place $35,000, with all prizes guaranteed.Entrance fee per team is $12,000 and double-six time is 15:00h. Food and drinks will be on sale throughout the day. Interested teams can contact Mark “Jumbie” Wiltshire on 665-5855 for more information.last_img read more

Read More »

Drug cuts deaths, fractures

first_imgSome experts called the drop in deaths “striking” but said other drugs could have a similar effect. In the study, there were 28 percent fewer deaths and 35 percent fewer fractures in the group that got a once-a-year infusion of the bone drug Reclast compared to those who got a dummy treatment. No other osteoporosis drug study published in at least 15 years has shown such a pronounced reduction in deaths, said Dr. Kenneth Lyles of Duke University Medical Center, the lead author. The study was released online Monday by The New England Journal of Medicine to coincide with a presentation at a medical conference in Hawaii. It will be published in a later edition of the journal. The research was funded by Novartis, which makes Reclast, and Lyles has two patent applications for the use of the drug. Under the name Zometa, the drug was approved by the U.S. Food and Drug Administration for cancer patients in 2002. HEALTH: Study finds “striking” success treating osteoporosis with a cancer medication. By Mike Stobbe THE ASSOCIATED PRESS ATLANTA – For the first time, an osteoporosis drug has reduced deaths and prevented new fractures in elderly patients with broken hips, according to new research. It was approved for post-menopausal osteoporosis last month, under the name Reclast. More than 300,000 hip fractures occur in the United States each year. Often they trigger a downward spiral – roughly one in five elderly victims die within a year of breaking their hip. Generally, doctors tell hip-fracture patients to take Fosamax and other bisphosphonates, a class of osteoporosis drugs that stops bone breakdown. But many patients do not take the pills because they cause heartburn and other symptoms. They also are a hassle for elderly patients: You must take it on an empty stomach in the morning, and wait a half hour before eating. For the study, researchers recruited about 2,000 patients from 23 countries who were not taking oral bisphosphonates. Their average age was 74 and most were women. All had previously broken a hip. Half of the participants received Reclast, which is a bisphosphonate given in an infusion. Over the next two years, 139 of the patients in the placebo group had new broken bones, or about 14 percent. Just 92 of the treated patients had second fractures, or about 9 percent. More surprising, 141 died in the placebo group, or about 13 percent, compared to 101 in the treatment group, about 10 percent. The cause of death was never determined for many, including more than half of those who died in the Reclast group. “There’s no question that we had a death benefit. We can’t tell you why we had a death benefit,” Lyles said. Some study participants were taking hormones or other drug therapies, but such cases were balanced between the two groups and did not explain the benefit, he said. The researchers gave vitamin D, which helps strengthen bones, to all study participants to address harmful deficiencies in some patients. But they said the study benefits were over and above the benefit of the added vitamin D.160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

Read More »

Chelsea and Manchester United target told: You’re not ready for Premier League move

first_imgChelsea and Manchester United target Youri Tielemans has been told to remain at Anderlecht for the time being by his Belgium Under-21 coach Enzo Scifo.The Premier League duo, along with Juventus, have been scouting the 18-year-old talent this season with a view to making bids for him in the summer.Tielemans has already made over 100 appearances for Anderlecht and netted four goals in 26 games this term.His form has attracted attention from big-hitters in the Premier League and Serie A but his national under-21 coach has advised him to stay where he is for now.“After training him for the national team, I can tell you he is not ready to play at a higher level of football in England, Spain, Italy or Germany,” Sico told Fanta Gazzetta.“It would do him good if he plays for another two years in the Belgian league.” 1last_img read more

Read More »

DD BEAUTY AND FASHION: PATRICK GILDEA’S WEEKLY HAIR TIP

first_imgLeading hairdresser Patrick Gildea of The Centre of Excellence begins a weekly column for Donegal Daily today.Each week he will address a specific issue.Anybody with questions or would like a specific issue raised should email us at info@donegaldaily.com and we will pass your queries not Patrick. Would you like a little more understanding when your hairdresser mentions hair Colour names like Ombré, Balayage, Bronde and Highlights?  What is it? Is it for you? It can seem very confusing!“The Centre of Excellence” voted RSVP’s Best Salon in Ireland is here to give you a little insight to help you decide what’s for you.After reading this we promise you’ll know the difference between babylights, lowlights, Ombré and Balayage!Patrick Gildea’s ‘Centre of Excellence’Hair Colouring Techniques Tint & ColourA Tint & Colour is what you want to ask for if you want an all-over hue update. The hair is just one tone from all over. It’s also referred to as a base colour, roots, regrowth.  This is perfect for covering greys or just giving a simple beautiful tone.Easi-Meche/ Foil with ColourQuite simply Easi-Meche with colour is a base colour plus highlights. This two step hair colouring technique makes hair look more natural in the end.BabylightsBabylights are placed around your hairline and on your parting. They don’t go too deep within your hair; they are very subtle and delicate and are a great option for fine hair. The technique is all about taking really small sections- think traditional highlight sections and cut them in half! BrondeIs she blonde or brunette, neither she is Bronde! This colour process takes a woman with dark blonde or light brown hair and adds a layer of highlights. This beautiful colour is best achieved by having lots of your natural base colour showing through, it is also very low maintenance so it is perfect for those who are a little colour shy.BalayageOur Master Colour Experts meticulously paint every strand of hair to create a beautiful Balayage. In French, the word means sweeping. The hair is painted in such a way as to create a graduated, natural-looking effect for the perfect Balayage. LowlightsLowlights are the exact opposites of highlights. They are darker pieces of hair usually reserved for the layers underneath and around the neck. Lowlights are also perfect to visually separate your colour if your highlights have morphed into one solid colour over time.OmbréOmbré is the hair colour trend that will be around for a long time. Every summer women want sun-kissed colour that is dark at the roots and lighter on the tips because it is so low maintenance.  It’s like a beachy brunette, pretty and subtle and is ideal for all ages.Dip DyeDip dye is the most extreme form of Ombré. There is a clear demarcation where one colour ends and the other begins. This high fashion high-contrast technique is definitely for the bolder client, and it looks really gorgeous with rainbow shades.MarbleizingMarbleizing is a method of hair colour placement that melt colours together. It’s all about the proper placement of transitional tones and ribbons of hair colour so it looks beautiful. A redhead for example, may wear a mix of strawberry tones and lily blonde hues for a contrasting cool effect.  Marbleizing involves placing complementary or contrasting hues in such a way that they merge into each other, creating a beautiful end result.Check out some of our favourite celebs with beautiful hair colouring techniques at https://www.pinterest.com/PatrickGildea14/a-z-of-hair-colouring/DD BEAUTY AND FASHION: PATRICK GILDEA’S WEEKLY HAIR TIP was last modified: September 3rd, 2015 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:donegalhair tipPatrick Gildealast_img read more

Read More »

Finn Harps offer 5-star Dubai trip in new ‘dream draw’

first_imgFINN HARPS have unveiled details of a ‘dream draw’ in a bid to add to Ollie Horgan’s warchest ahead of the 2017 campaign.The top prize in the draw, in association with the club’s main sponsor McGettigan’s, is a fantastic holiday for 2 in Dubai with great runner up prizes on offer.“Once again we would like to thank our main sponsor McGettigan’s for their support,” said Harps Chairman Sean Quinn, launching the draw. “There has been a huge amount of work going on behind the scenes since the end of last season to prepare the club for what we appreciate will be a huge challenge ahead.  The late change to a ten team premier division obviously makes things more difficult for us, but we’re absolutely determined to meet that challenge head on.“Ollie Horgan has done a tremendous job since joining the club, and if we all pull together and back him we can continue the progress that has been made already.“The last couple of years have been a tremendous success at all levels of the club and with the active support of the sporting public Finn Harps can continue to grow and be a huge asset to Donegal and the Northwest”.The lucky winner will win a four night stay for two at the luxurious, 5 star, Bonnington Hotel with return flights and €500 spending money.  Tickets are just €10 each and are available from the Finn Harps clubhouse (074-9130070) by or by contacting commercial@finnharps.com or available online at finnharps.com. Finn Harps offer 5-star Dubai trip in new ‘dream draw’ was last modified: January 4th, 2017 by Chris McNultyShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Read More »

POSTMAN PAT DELIVERS HIS SIGNING OFF SPEECH – PICTURE SPECIAL

first_imgWell-known Churchill postman Patrick Gibbons finally delivered his retirement speech after 38 years working at An Post.Pat was surrounded by family and friends at Wilkins Bar in Churchill last Friday. POSTMAN PAT DELIVERS HIS SIGNING OFF SPEECH – PICTURE SPECIAL was last modified: February 3rd, 2013 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:An PostPatrick Gibsonretirementlast_img read more

Read More »

VOODOO VENUE GIVING ONE LUCKY PUNTER THE CHANCE TO WIN A FREE HOLIDAY FOR FOUR TO SANTA PONSA!

first_imgVOODOO VENUE are giving ONE lucky reveller the chance to win a holiday of a lifetime.You can WIN a fantastic holiday to Sunny Santa Ponsa this Bank Holiday Sunday at Voodoo Venue Letterkenny.This weekend YOU can win FOUR nights away to the thriving and busy holiday resort west coast of Mallorca – Santa Ponsa!! 🙂 Prize includes flights, accommodation, tranfers PLUS €500 spending money!How do I enter?Its Simple!Check-in on Facebook to “Voodoo Venue” this Bank Holiday Sunday for a chance to win this amazing prize. Winners have to be on premises at the time of announcement in order to claim their prize.Voodoo Venue’s Entertainment line-up:Friday 29th: Voodoo Lounge – Project 37 10.30 – late Voodoo Club – Paddy Friel 11pm start €5 Entry, Get on our Glistrr cheaper entryHOUSE Wine Bar & Tap Room: Stephen Mc Carron 10pm – lateSaturday 30th: Voodoo Lounge – Big Easy 10.30pm – lateVoodoo Club – DJ Kevin Lennon 11pm startVintage – Daithi Ramsey Doors open 9pm (EARLY ARRIVAL ADVISEDBank Holiday Sunday 31st: Voodoo Lounge – The Real Thing 10.30pm – late Voodoo Club – DJ Kevin Lennon 11pm start Vintage – Daithi Ramsey Doors open 9pm (EARLY ARRIVAL ADVISED)Get on our VIP Voodoo Glistrr List: http://glist.me/voodooFor more competition, promotions and offers check out Voodoo Venue Facebook: www.facebook.com/VOOD00venueletterkennyVOODOO VENUE GIVING ONE LUCKY PUNTER THE CHANCE TO WIN A FREE HOLIDAY FOR FOUR TO SANTA PONSA! was last modified: May 30th, 2015 by Mark ForkerShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:EntertainmentFeaturesnewslast_img read more

Read More »

Arcata coach steps down after 11 years heading girls basketball program

first_imgArcata >> Citing a want to spend more time with family, Dusty Scofield will resign as Arcata High School girls basketball head coach.“For me, having my little guy, it’s important for me to spend some more family time,” Scofield said in an interview on Thursday, two days after his Tigers were ousted in the CIF state playoffs. “I’ve been fortunate enough to coach at a great school, at a place where I played, but I think after 11 years it’s time to take a break and spend some more time with the …last_img read more

Read More »

Yoke Up Those Bacteria

first_imgMy, how history repeats itself – often in unexpected ways.  In ancient times, our ancestors got the heavy work done by hitching oxen, horses or slaves (like Samson, see pictures 1 and 2) to a harness and making them turn a grinding wheel.  The same principle is now on the cutting edge of modern applied biological engineering – only now, the movement is measured in micrometers, and the beasts of burden are bacteria.  Scientists in Japan, publishing in PNAS,1 have successfully hitched their harnesses to multi-legged crawlers named Mycoplasma mobile and made them turn a gear 20 micrometers wide, many times their size.    In the contraption rigged by Hiratsuka et al., the bacteria walk inside a circular track, pushing a six-petal rotor made of silicon dioxide above them.  The inventors (slavedrivers?) developed a surface that would ensure the majority of the cell “microtransporters” would move in one direction with the right amount of friction.  The cooperative workers achieved forces of 2 to 5 x 10-16 newton-meters, with rotation rates of 1.5 to 2.6 rpm.  “To the best of our knowledge,” they boasted with some merit, “a micromechanical device that integrates inorganic materials with living bacteria has not succeeded until this study.”  (They did, however, reference the PNAS research reported in our 08/19/2005 entry, “Saddle Up Your Algae.”)    The inventors didn’t mention evolution once in their paper.  Instead, they spoke in glowing terms about their little microscopic oxen and marveled at their technology.  First, they scanned the arena of biological micro-machinery with the delight of a gadget freak:Nature provides numerous examples of nanometer-scale molecular machines.  In particular, motor proteins, which efficiently convert chemical energy into mechanical work, are fascinating examples of functional nanodevices derived from living systems.  The molecular mechanism underlying the function of these motors has long been a major focus of biophysical research, and the information emerging from those studies should greatly aid in the design and fabrication of novel synthetic micro/nanomotors….    Turning an eye to higher-order biological structures reveals many examples of excellent mechanical devices, including bacterial and eukaryotic flagella and muscle sarcomeres.  These motile units are tens of nanometers to several micrometers in size and consist of multiprotein complexes built up with atomic accuracy through the self-assembly and self-organization of protein molecules within cells.  In general, these devices work far more efficiently and intelligently than the isolated proteins but, because the principles and mechanisms of self-assembly are only vaguely understood, we are currently unable to assemble higher order motile units from the isolated component proteins outside the cells.  Consequently, research aimed at developing hybrid devices using biological motile units is rare at present.How about the machines employed by their chosen beast of burden?  The praise service continues:Mycoplasma mobile, a species of gliding bacteria, is another example of a higher-order unit (cells in this case) with superb motility.  M.  mobile has a pear-shaped cell body ~ 1 micrometer in length and moves continuously over solid surfaces at speeds up to 2-5 micrometers per second.  The mechanism by which it glides remains unknown, although a mechanical walking model that makes use of the rod-like structures protruding from the cell surface has been proposed.  Although three proteins have been identified as essential for gliding, we speculate that this motile system may need a dozen additional proteins, including various cytoskeletal proteins.So why reinvent the wheel?  Why go to all the trouble to invent walking nanorobots, when bacteria have it all figured out?  The inventors list other reasons for enlisting biological beasts of burden instead of trying to start from scratch:As a result, it is currently impractical, if not impossible, to reconstitute fully functional motile units from the isolated proteins of M. mobile in vitro.  For that reason, we have been attempting to construct micromechanical devices using intact M. mobile cells instead of the isolated proteins.  A key benefit of this approach is that hybrid devices into which living cells are integrated enable us to take advantage of preassembled excellent motor units that have the potential for self-repair or self-reproduction when damaged.So there you go: spare parts and repairs come included with the package.  Oxen must be fed, however, and they didn’t talk about that (cf. Solomon).  Someone else may have to invent the nanomanger.1Hiratsuka et al., “Applied Biological Sciences: A microrotary motor powered by bacteria,” Proceedings of the National Academy of Sciences USA, 10.1073/pnas.0604122103, published online before print September 1, 2006.This is nothing less than intelligent-design research in action: intelligent humans seeking to understand and incorporate the built-in technology of intelligently-designed biological machines.  The overlap between artificial and biological design is almost seamless.  What dividing line could separate the two domains?  Who could claim that man’s part represents intelligent design, but the biological part is the result of a long series of mistakes?  The researchers even spoke of manipulating the bacteria through genetic engineering to conform the protein moving parts to their design goals.  That will blur the distinction even further.    If Martians found our rovers and put them on a track to drive a grinding mill, could they claim with any sense of justice that the rovers must have emerged out of the dust and sand by some unguided process of self-organization?  The engineers at JPL would justly be offended.  The future belongs to those who think intelligently, and know design when they see it.(Visited 214 times, 1 visits today)FacebookTwitterPinterestSave分享0last_img read more

Read More »